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Anti-LGBTQ Officials to Crucial Agencies and Court Benches — Some of Whom Will Serve Lifetime Appointments

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Anti-LGBTQ Officials to Crucial Agencies and Court Benches — Some of Whom Will Serve Lifetime Appointments THE TRUMP-PENCE ADMINISTRATION’S CRUSADE AGAINST LGBTQ AMERICANS In less than one year, the Trump-Pence Administration has unleashed a torrent of attacks on the LGBTQ community and undermined the rights of millions of Americans. Through rollbacks, rescissions, and re-interpretations, Donald Trump and Mike Pence have systematically and meticulously eroded years of progress and protections. What’s more, Trump and Pence have appointed and nominated scores of extreme and unqualified anti-LGBTQ officials to crucial agencies and court benches — some of whom will serve lifetime appointments. Beyond these extensive, explicit attacks on LGBTQ equality, the Trump-Pence Administration has targeted many of the most marginalized within our community — from banning Muslim refugees, to undermining voting rights, to putting the lives and livelihoods of 75,000 LGBTQ Dreamers at risk. With the 2018 midterm elections approaching, we can — and must — pull the emergency brake. If we don’t, we can look forward to three more years just like the last one. SYSTEMATIC DISCRIMINATION AGAINST LGBTQ PEOPLE Trump and Pence launched an all out assault on transgender service members: President Donald Trump’s dangerous and unpatriotic move to reinstate a ban on qualified transgender people serving in the military could result in the discharge of more than 15,000 transgender Americans currently serving our country at this critical time. HRC has joined two individuals who seek to join the military; one current service member who seeks appointment as an officer; the State of Washington; Gender Justice League; and the American Military Partner Association as plaintiffs in Karnoski v. Trump challenging this ban1. Trump instructed the DOJ to give federal agencies a “license to discriminate”: Donald Trump’s order instructs the Attorney General to provide direction to all agencies on “interpreting religious liberty protections in Federal law.” The Attorney General’s directive puts millions of LGBTQ Americans at risk of discrimination, and instructs federal government attorneys on how to handle matters before them and directs federal agencies to reconsider current and future regulations in light of this license to discriminate2. The DOJ has asserted that Title VII doesn’t apply to LGBTQ people: The Department of Justice (DOJ) in July filed an amicus brief arguing that Title VII of the Civil Rights Act of 1964 which prohibits discrimination on the basis of sex does not protect lesbian, gay, or bisexual people from discrimination. In October, the DOJ rescinded a memo issued by the Obama Administration and replaced it with a discriminatory memo, arguing that Title VII also does not apply to transgender people. DOJ instructed all U.S. attorneys to adopt this dangerous position in all pending and future matters3. The DOJ and ED put transgender students at risk by rescinding protective Title IX guidance: Under the direction of Attorney General Jeff Sessions and Education Secretary Betsy DeVos, the U.S. Departments of Justice and Education revoked the Obama Administration’s guidance detailing schools’ obligations to transgender students under Title IX of the Education Amendments of 19724. INSIDIOUS ATTACKS, AGENCY-BY-AGENCY BEYOND THE HEADLINES, THE TRUMP-PENCE ADMINISTRATION IS INSERTING HATE AND DISCRIMINATION INTO OUR GOVERNMENT, ACROSS ALL AGENCIES. White House Department of Justice (DOJ) In addition to his assault on transgender Not only did Attorney General Jeff service members and “license to Sessions instruct U.S. attorneys to take discriminate,” the president’s budget5 the position that Title VII does not protect proposal would devastate federal LGBTQ people and rescind protective safety net programs and human rights guidance for transgender students, protections abroad. Trump pardoned6 he also withdrew the DOJ’s request8 anti-immigrant, anti-LGBTQ former for a preliminary injunction in its legal Maricopa County Sheriff Joe Arpaio. challenge to the anti-LGBTQ North Egregiously, according to the New Carolina law HB2. He also declined Yorker7, when asked about Mike Pence to appeal9 a nationwide preliminary and LGBTQ rights, Donald Trump said injunction that prevents the HHS “Don’t ask that guy — he wants to hang from enforcing gender identity non- them all!” discrimination protections under Section 1557 of the Affordable Care Act. Department of Education (ED) Department of Homeland Security (DHS) U.S. Secretary of Education Betsy DeVos has attacked LGBTQ students — and DHS has made it harder for LGBTQ especially transgender students — at people fleeing violence around the every turn. In September, ED began a world to find safety in the U.S. Trump process10 to rescind Title IX guidance issued an executive order to create related to schools’ obligations to address further obstacles for all people seeking sexual harassment, including sexual to enter the U.S., preventing refugees violence. ED also released a Q&A on from escaping some of most anti-LGBTQ Campus Sexual Misconduct11, which regimes in the world. Additionally, the erases all mentions of LGBTQ students Trump-Pence Administration’s cruel and schools’ obligations to students of all decision in September to end the sexual orientations and gender identities. Deferred Action for Childhood Arrivals (DACA)12 program affects an estimated 75,00013 LGBTQ Dreamers. Department of Health and Human State Department Services (HHS) The State Department has failed to HHS removed all mentions of LGBTQ demonstrate America’s commitment people14 and health disparities from its to human rights or guarantee that strategic plan — and also used anti- supporting and protecting the human abortion language. Additionally, after rights of LGBTQ people remains a stating there were no changes to the commitment and priority. While the survey, HHS removed a question on U.S. Congress has passed resolutions sexual orientation15 from a national condemning the violence and survey of seniors, making it more persecution by Chechen authorities, difficult to track issues senior LGBTQ President Trump and Secretary of State Americans face. Rex Tillerson have thus far failed to publicly condemn the attacks16. HRC President Chad Griffin has called on Sec. Tillerson to speak out on these and other anti-LGBTQ human rights abuses17. DANGEROUS NOMINEES TO EVERY LEVEL OF GOVERNMENT PERSONNEL IS POLICY, AND DONALD TRUMP AND MIKE PENCE ARE DOING EVERYTHING THEY CAN TO STACK ALL AGENCIES OF GOVERNMENT AND OUR FEDERAL COURT SYSTEM WITH NOMINEES WHO ARE BOTH UNQUALIFIED AND HAVE TROUBLESOME RECORDS ON EQUALITY. FEDERAL JUDICIAL NOMINEES: TRUMP AND PENCE ARE STACKING OUR COURT SYSTEM WITH UNQUALIFIED IDEOLOGUES WHO WILL ATTACK LGBTQ RIGHTS. Neil Gorsuch, Supreme Court of the United States: The Supreme Court has played a central role in advancing the promise of equality for LGBTQ Americans, and Judge Gorsuch’s anti-equality record — from opposing crucial medical treatment for a transgender person to supporting a license to discriminate for private corporations — make him unfit to sit on the nation’s highest court18. Jeff Mateer, U.S. District Court for the Eastern District of Texas: In a 2015 speech titled “The Church and Homosexuality,” Jeff Mateer objected to a transgender student using a restroom consistent with her gender identity, calling the policy19 “Satan’s plan.” Mateer fought against non- discrimination protections for the LGBTQ community in Plano and San Antonio, Texas, and he even supports20 the dangerous and debunked practice of so-called “conversion therapy.” Mateer also claimed that marriage equality will lead to bestiality21. Damien Schiff, U.S. Court of Federal Claims: Schiff opposed anti-bullying policies, the decriminalization of same-sex relationships, and marriage equality. In his writings, Schiff has encouraged parents to opt out of public schools22 in response to new curriculum that discouraged LGBTQ bullying and normalized families with same-sex parents; and opposed the Supreme Court23 ruling decriminalizing same-sex relationships. L. Steven Graz, U.S. Eighth Circuit Court of Appeals: Grasz served on the board of a non-profit that backed the abusive practice of conversion therapy24 on LGBTQ minors. Grasz said that language protecting people on the basis of sexual orientation opened the door for protections for pedophiles25 and argued Nebraska should not recognize26 marriage equality. Grasz also opposed allowing same-sex parents to adopt. The American Bar Association has deemed Grasz unqualified to serve27 in the position Trump has nominated him for. Mark Norris, U.S. District Court for the Western District of Tennessee: Norris has voted in the Tennessee General Assembly to support legislation giving business a license to discriminate28 against LGBTQ people and supported a state law preventing local municipalities29 from passing LGBTQ non-discrmination protections. Norris also opposed federal guidance from the Obama administration helping to protect transgender students from discrimination and harassment in public schools. Stephen Schwartz, U.S. Court of Federal Claims: Schwartz’s work opposing equality includes defending North Carolina’s discriminatory HB230. He also notably served as co-counsel to the Gloucester County School Board in Virginia after it was sued by transgender student Gavin Grimm for discrimination31. Grimm challenged the school board in court for denying him use of the boy’s restroom. CABINET APPOINTEES Jeff Sessions, United States Attorney Betsy DeVos, Secretary of the Department General: Jeff Sessions has repeatedly
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